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2025 DAILYLAW 91666 (PNJ)

BALJEET GARG @ BALJEET v. DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. AND OTHERS

RSA/3137/2023 · 2025-07-30

Vikas Suri

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 282 RSA-3137-2023 (O&M) Date of decision: 30.07.2025 Baljeet Garg @ Baljeet ...Appellant Versus Dakshin Haryana Bijli Vitran Nigam Ltd. and others ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS SURI Present: Mr. Akash Mehta, Advocate for Mr. Munish Gupta, Advocate for the appellant. Mr. Anil Mehta, Advocate for the respondents. ***** VIKAS SURI, J. 1. In the present Regular Second Appeal, the plaintiff-appellant is challenging the judgment and decree dated 23.08.2023 passed by the First Appellate Court, whereby the judgment and decree dated 07.09.2022 passed by the trial Court, was set aside and his civil suit was dismissed. 2. At the outset, learned counsel for the respondents has submitted that the question of law involved in the present appeal as to whether jurisdiction of the Civil Court is barred in view of Section 145 of the Electricity Act, 2003, has since been decided by the Hon’ble Division Bench of this Court vide judgment dated 14.05.2025 passed in Mahesh Kumar Versus Sub Divisional Officer and another, reported in 2025(3) RCR (Civil) 303. SUMIT KUMAR 2025.08.02 14:55 I attest to the accuracy and authenticity of this order/judgment RSA-3137-2023 -2- 3. Faced with the same, learned counsel for the plaintiff-appellant seeks permission to withdraw the present appeal as well as his civil suit itself with liberty to avail the remedies as available in law. 4. Dismissed as withdrawn with liberty aforesaid. 5. It is made clear that any evidence recorded/observations made in the impugned judgments and decree would not operate as res judicata in any subsequent proceedings initiated by the plaintiff-appellant. 6. Pending applications, if any, also stand disposed of. (VIKAS SURI) July 30, 2025 JUDGE sumit.k Whether speaking/reasoned : Yes / No Whether Reportable : Yes / No SUMIT KUMAR 2025.08.02 14:55 I attest to the accuracy and authenticity of this order/judgment